The PUNJAB INFRASTRUCTURE (DEVELOPMENT & REGULATION) ACT, 2002
punjab · 2002
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Punjab Infrastructure (Development and Regulation) Act, 2002
- S. 2Section 2 defines key terms used in the Punjab Infrastructure (Development & Regulation) Act, 2002, including "Authority," "Board," "bye-laws," and "concession."
- S. 3Section 3 allows participation in infrastructure projects under the Act but excludes disinvestment processes.
- S. 4Establishes the Punjab Infrastructure Regulatory Authority to regulate infrastructure development and manage its property and contracts.
- S. 5Section 5 outlines the composition and qualifications for members of the Authority under the Punjab Infrastructure Act, 2002.
- S. 6(1) The Chairperson shall have powers of general superintendence and directions in the conduct of the affairs of the A
- S. 7Section 7 outlines the term, resignation, and post-office employment restrictions for the Chairperson, Vice-Chairperson, and members of the Punjab Infrastructure Authority.
- S. 8Section 8 allows the State Government to remove or suspend certain officials if they meet specific grounds, after a judicial inquiry.
- S. 9Section 9 outlines the meeting procedures and voting rules for the Authority under the Punjab Infrastructure Act.
- S. 10Infrastructure for giving boost to technical education
- S. 11The Authority can hire staff and set their salaries and conditions of service through regulations.
- S. 12Section 12 establishes an account for the Authority to manage its finances, including contributions, grants, and fees, and mandates annual audits by the Accountant General, Punjab.
- S. 13Section 13 mandates the Authority to submit annual reports and infrastructure development returns to the State Legislative Assembly.
- S. 14Section 14 outlines the functions of the Authority to regulate, advise, adjudicate, and promote infrastructure projects in Punjab.
- S. 15Section 15 grants the Authority powers equivalent to a civil court for various procedural functions.
- S. 16Section 16 deems proceedings before the Authority as judicial proceedings under the Indian Penal Code and treats the Authority as a 'Civil Court'.
- S. 17(1) The Authority may make regulations for the proper performance of its functions under this Act
- S. 18Section establishes the Punjab Infrastructure Development Board and outlines its composition, including key government officials and technical experts.
- S. 19Section 19 ensures that the Board's actions remain valid despite vacancies, improper appointments, or procedural irregularities.
- S. 20Section 20 establishes the Board as the main planning authority in Punjab for infrastructure development, coordinating private sector involvement and policy initiatives.
- S. 21Section 21 establishes sub-committees to assist the Board in infrastructure development, including policy formulation and project identification.
- S. 22Section 22 outlines the preparation, approval, and submission of the Board's financial statements and audits by the Local Fund Examiner.
- S. 23Section 23 appoints a Managing Director to assist the Board and allows creation of other posts with state approval.
- S. 24Section 24 authorizes the Board to create byelaws with state government approval for its functions, including board meetings and fund management.
- S. 25Levy of fee 25-A
- S. 26—
- S. 27(1) The State Government shall constitute a Fund to be known as the Development Fund which shall vest in the Board
- S. 28Section 28 designates the Board as the lead agency for identifying, prioritizing, and managing infrastructure projects in Punjab.
- S. 29Section 29 mandates the Board to publicize and invite public objections to proposed infrastructure projects before proceeding with implementation.
- S. 30Section 30 allows the Authority to approve infrastructure projects after considering objections, with exceptions for certain upgrades and government-exempted projects.
- S. 31Section directs the Board to mandate feasibility study and report preparation for identified infrastructure projects.
- S. 32Section 32 mandates the Board to publish notices for public bidding in newspapers and oversee the entire pre-bidding and bidding process for infrastructure projects.
- S. 33Section 33 outlines the pre-qualification process for bidders in infrastructure projects, including legal, technical, and financial requirements.
- S. 34Section 34 outlines the bidding process for infrastructure projects, including document availability, bid submission, evaluation stages, and contract award.
- S. 35Section 35 grants infrastructure concessions to the lowest bidder meeting financial and technical standards, ensuring project viability and private investment.
- S. 36Section allows negotiation with a single bidder who meets pre-qualification conditions after evaluating multiple applications.
- S. 37Section 37 allows the Board to provisionally accept and purchase new concept projects, select concessioners via public bidding, and give initial proposers a chance to compete.
- S. 38Section 38 allows the Board to refer infrastructure projects to the State Government for execution if private participation seems unlikely.
- S. 39Section 39 mandates the execution of a Concession Agreement post-award and allows combining multiple model contracts for project implementation.
- S. 40Section 40 allows the concessionaire to charge tariffs for infrastructure projects, with variations needing Authority approval.
- S. 41Section 41 allows the concessionaire to use its rights and project assets as collateral for financing, with Authority's approval.
- S. 42Section 42 ensures the State Government and public bodies won't act against the feasibility or viability of finalized infrastructure projects or concessions.
- S. 43Section allows public infrastructure agency to terminate concessions with compensation, and provides appeal process for concessionaires.
- S. 44Section 44 allows any aggrieved person to appeal to the High Court within 60 days of receiving an Authority decision.
- S. 45Section 45 imposes fines for violating Authority's directions, with higher penalties for repeat offenses and ongoing contraventions.
- S. 46(1) The State Government may, be notification in the Official Gazette, make rules for carrying out the purposes of thi
- S. 47The State Government can direct the Authority and Board on infrastructure matters, ensuring alignment with the Act and its objectives.
- S. 48Section 48 mandates the State Government to issue guidelines for subsidies to specific consumer classes for infrastructure services or facilities.
- S. 49Section 49 deems Authority and Board officials as public servants under the Indian Penal Code.
- S. 50—
- S. 51Section 51 protects state officials and the Authority from legal actions for actions done in good faith under the Act.
- S. 52The section allows the State Government to issue orders to resolve difficulties in implementing the Act, but only within three years.
- S. 53The State Government may, by notification in the Official Gazette amend any Schedule
- S. 54(1) Save as otherwise provided in this Act, the Punjab Infrastructure Development Act, 1998 (Punjab Act
- S. 55Section 55 overrides any conflicting laws in Punjab enacted by the State Legislature.
- S. 56Section 56 bars civil courts from exercising jurisdiction over disputes related to infrastructure development under the Act.
- S. 1973Section mandates proceedings before the Authority must be completed within 90 days unless extended by the Authority.